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Sentry Select Insurance v. Fidelity & Guaranty Insurance

Citation: 326 F. App'x 997Docket: No. 04-56265

Court: Court of Appeals for the Ninth Circuit; June 11, 2009; Federal Appellate Court

Narrative Opinion Summary

The case involved a dispute over the priority of insurance coverage under California Insurance Code § 11580.9(b) between Fidelity Guaranty Insurance Company and Sentry Select Insurance Company. The primary issue was whether John's Trucking, Inc. was 'engaged in the business of renting or leasing motor vehicles without operators,' thus affecting the status of its insurance policy as excess. The Ninth Circuit Court of Appeals certified a question to the Supreme Court of California regarding this statutory interpretation. The Supreme Court ruled that John's Trucking's leasing activities were sufficient to trigger the presumption that its insurance policy was excess to the policy held by Sentry Select, even before a statutory amendment clarified the text. Subsequently, the Ninth Circuit reversed the district court's summary judgment in favor of Sentry and remanded the case for further proceedings. The court's decision is non-precedential, reflecting the application of Ninth Circuit Rule 36-3, and was influenced by a legislative amendment that clarified the statute's ambiguity regarding regular leasing activities.

Legal Issues Addressed

Certification of Question to State Supreme Court

Application: The Ninth Circuit Court certified a question to the Supreme Court of California concerning the interpretation of a statute under the California Insurance Code.

Reasoning: The court previously certified a question to the Supreme Court of California regarding the test for determining if an insured is 'engaged in the business of renting or leasing motor vehicles without operators' under California Insurance Code § 11580.9(b).

Effect of Legislative Amendments on Statutory Interpretation

Application: The Ninth Circuit acknowledged that a legislative amendment post-certification clarified the statute, removing ambiguity regarding the requirement of regular leasing activities for the presumption to apply.

Reasoning: Additionally, the statutory amendment post-certification eliminated ambiguity regarding whether leasing vehicles must be a regular part of the insured's business for the presumption to apply.

Insurance Coverage Priority under California Insurance Code § 11580.9(b)

Application: The Supreme Court of California ruled that the policy of Fidelity Guaranty Insurance Company for John's Trucking, Inc. was excess to the Sentry Select Insurance Company's policy, based on the interpretation of leasing activities under the statute.

Reasoning: The Supreme Court accepted this certification and, on May 4, 2009, ruled that the Fidelity Guaranty Insurance Company's policy for John's Trucking, Inc. was excess to the Sentry Select Insurance Company's policy covering the driver, Richard Justice.

Interpretation of 'Engaged in the Business' under Insurance Code

Application: The Supreme Court determined that the leasing activities of John's Trucking, Inc. were substantial, thus triggering the presumption of excess coverage as per the statutory interpretation prior to legislative amendment.

Reasoning: The Supreme Court determined that John's Trucking's extensive leasing activities could not be considered merely incidental to its hauling business and therefore qualified under the former statute for the presumption that its policy was excess to other coverage.

Reversal of Summary Judgment and Remand

Application: The Ninth Circuit reversed the district court's summary judgment in favor of Sentry and remanded the case based on the Supreme Court's ruling.

Reasoning: As a result, the Ninth Circuit reversed the district court's summary judgment in favor of Sentry and remanded the case.